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Artificial Intelligence in Divorce Proceedings and the Implications for Family Law
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Artificial Intelligence in Divorce Proceedings and the Implications for Family Law

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Nichola Bright
Nichola Bright
Partner in our Family Law Team Myerson Solicitors

In this article, Nichola Bright, Partner and Family Lawyer at Myerson Solicitors explores the use of Artificial Intelligence (AI) within family law and the implications for both professionals and clients.

The use of AI within the legal profession has expanded rapidly in recent years, and family law is no exception. In divorce and financial remedy proceedings, AI is now being used by solicitors, litigants and, indirectly, considered by the judiciary. While AI offers clear advantages in terms of efficiency and accessibility, its integration into family law raises significant questions about accuracy, ethics, data protection and the proper administration of justice.

This article examines the current and emerging role of AI in divorce proceedings, with particular reference to professional practice, judicial guidance issued in October 2025, and the broader implications for the future of family law.

The Use of AI by Solicitors in Divorce Proceedings

Family law practitioners are increasingly adopting AI-enabled tools to assist with a range of preparatory and analytical tasks. Importantly, these tools are generally used to support, rather than supplant, professional legal judgment.

AI-assisted document review is now commonly deployed in cases involving extensive financial disclosure. Machine-learning tools can efficiently review bank statements, tax returns and corporate documents, identifying trends, inconsistencies or potential non-disclosure. This can be particularly valuable in complex financial remedy cases or where disclosure is voluminous.

Certain AI platforms are capable of analysing financial data to support asset identification, valuation exercises and scenario modelling. While such tools do not determine outcomes, they can assist solicitors in stress-testing settlement proposals and identifying areas requiring further investigation.

AI-powered legal research tools allow practitioners to search legislation, case law and commentary more efficiently, surfacing relevant authorities and summarising legal principles. Used appropriately, this enhances rather than replaces doctrinal analysis.

AI is also being used to assist with drafting preliminary documents, including chronologies, case summaries and initial correspondence. Professional oversight remains essential, particularly in family proceedings where nuance and precision are critical.

Judicial Guidance on the Use of AI (October 2025)

In October 2025, the Court and Tribunals Judiciary issued formal guidance addressing the use of AI within legal proceedings. The guidance reflects a cautious but pragmatic approach, recognising the inevitability of AI’s growing presence while emphasising the primacy of human responsibility.

Key Principles of the Guidance:

The guidance confirms that AI may be used for administrative, organisational and preparatory tasks, such as document summarisation or research support. However, it expressly warns against reliance on AI-generated legal analysis without independent verification.

The judiciary discourages the use of AI for tasks involving evaluative judgment, discretion or the balancing of competing interests, functions that lie at the core of judicial decision-making, particularly in family law.

The guidance also addresses the increasing use of AI by unrepresented litigants. While acknowledging that AI may assist in improving access to justice, the judiciary highlights risks including legal inaccuracies, misunderstanding of procedural requirements and the submission of AI-generated material that has not been properly scrutinised.

The Use of AI by Clients and Litigants

Beyond professional practice, AI is increasingly used directly by clients involved in divorce proceedings.

Many individuals use AI tools to research divorce law, court processes and financial remedies. This reflects a broader trend towards self-education and digital engagement with legal processes.

Some litigants use AI to draft summaries of their circumstances, prepare correspondence or generate preliminary submissions. While this may assist in articulating issues, it also raises concerns about accuracy and the risk of overconfidence in AI-generated outputs.

Benefits of AI in Divorce Proceedings

AI has the potential to reduce the time spent on routine tasks, allowing solicitors to allocate more resources to strategic advice, negotiation and advocacy. This may assist in managing legal costs and improving access to representation.

AI tools can translate complex legal concepts into more accessible language, contributing to better-informed clients and more meaningful participation in the legal process.

The Importance of Legal-Specific AI

A critical distinction must be drawn between generic AI tools and legal-specific AI software. Legal AI platforms are typically jurisdiction-specific, regularly updated and designed with professional safeguards. These include research databases, document automation tools and disclosure analysis systems, which are better suited to legal practice than general-purpose AI.

Risks and Ethical Considerations

AI systems may produce outputs that are persuasive in tone but legally inaccurate or incomplete. In family law, where outcomes are highly fact-sensitive, such errors carry significant risk.

The use of AI raises serious data protection issues, particularly where sensitive personal or financial data is processed by third-party systems. Compliance with data protection and professional confidentiality obligations remains paramount.

AI systems may reflect inherent biases within their training data and may oversimplify complex legal or factual issues. Family law disputes rarely lend themselves to binary or formulaic solutions.

In cases involving domestic abuse or coercive control, AI may be misused as a tool of surveillance, manipulation or intimidation. Legal professionals must be alert to the potential for technology-facilitated abuse within family proceedings.

Can AI Replace Family Lawyers or Judges?

Despite its growing role, AI is unlikely to replace family lawyers or judges. Family law requires the exercise of discretion, empathy and moral judgment, qualities that remain uniquely human.

Legal advice involves interpreting law in context, negotiating outcomes and advocating for clients’ best interests. Judicial decision-making similarly requires the weighing of evidence, assessment of credibility and balancing of competing welfare considerations, particularly where children are concerned.

AI may assist with process and preparation, but it cannot replicate the human judgment essential to family justice.

Conclusion

To conclude, AI is becoming an increasingly influential tool in divorce proceedings, reshaping legal practice and client engagement. While it offers clear benefits in efficiency and accessibility, its use must be carefully regulated and ethically grounded. In family law, AI is no replacement for professional expertise and judicial discretion. The challenge for the legal profession lies in harnessing AI’s advantages while safeguarding the family justice system.

About Nichola Bright, Partner and Family Lawyer at Myerson Solicitors

Nichola has been practising family law since 2008 and has worked at highly regarded practices in Cheshire and Lancashire. Nichola joined Myerson in 2012 and was promoted to Senior Solicitor in 2015 and is now a Partner at the firm.

Nichola advises on a wide range of family matters, including divorce and high net-worth financial settlements, separation, co-habitation, pre-nuptial agreements, complex disputes regarding children, fertility law and surrogacy law.

Find out more about Nichola Bright here.

 

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Divorce & Disabled Children: Why a Child’s Needs are Paramount
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Divorce & Disabled Children: Why a Child’s Needs are Paramount

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Sarah Whitelegge
Sarah Whitelegge
Legal Director
Myerson Solicitors

Why a child’s needs are the paramount consideration on divorce

On divorce, the court will consider a list of factors under section 25 of the Matrimonial Causes Act 1973 when deciding how assets are to be divided.

Section 25 (1) provides that the court must give first consideration to the welfare of a child of the family who has not attained the age of 18.

The Matrimonial Causes Act 1973, Section 52 (1) defines a child of the family as:

  • A child of both parties; and
  • Any other child who has been treated by both parties to a marriage as a child of their family (not including a foster child placed with the parties as foster parents by the local authority or voluntary agency).

The court will have regard to the child’s housing and day to day income needs and such needs may take on a greater significance in comparison with the other factors to which the court must have regard to in cases where the assets and means of the parties are limited.

Factors the court will consider

The court must have regard to all the circumstances of the case and will look at all the relevant issues that are not specifically address in the Matrimonial Causes At 1973 Section 25(2) checklist.

 The Section 25 factors considered by the court on financial provision include the following:

  • The income, earning capacity and other financial resources each party has or is likely to have in the foreseeable future.
  • The financial needs, obligations and responsibilities each party has or is likely to have.
  • The standard of living enjoyed by the family before the breakdown of the marriage.
  • The age of each party and the duration of the marriage.
  • Any physical or mental disability of either party.
  • The contributions each party has made or is likely to make to the welfare of the family.
  • The conduct of each party.

The weight given to each factor depends on the particular facts and circumstances of each case. The objective is to achieve a fair outcome. An equal division of the marital assets may be appropriate where there is sufficient capital to house both parents. In cases where the assets are more limited, the needs of the child may override issues of equal sharing.

Dividing assets in a divorce is rarely straightforward but when a child has significant physical or learning disability, the question of housing is important. If the family home has been adapted with ramps, hoists, widened doorways or sensory safe spaces, it may be impractical ad unsafe to move a child to a new property that is not set up to meet the needs of the child.

Consideration will need to be given as to whether the adapted property should remain with the parent who is the primary carer.

The court will consider expenses associated with the child’s accommodation and basic expenses such as the cost of food and clothing. The court will also have regard to the standard of living of the family and all the circumstances of the case, including how the children are educated.

Section 25(2) above refers to the financial needs, obligations and responsibilities each parent has in relation to a child, but these responsibilities will not disappear when a child turns 18 particularly if a child has lifelong needs.

If a child has a disability, this may constitute special circumstances that may allow a financial provision order to be made that extends beyond their 18th birthday. Additionally, the court may make a maintenance order to meet expenses attributable to the child’s disability provided the criteria set out in CSA 1991, Section 8 (8) are fulfilled.

The court will wish to ensure that adequate provision is made for children with a disability and it may consider making periodical payments order or lump sum order to meet capital expenditure if, for example, any special equipment is required.

Child support for children with special needs

The court has jurisdiction to make orders for maintenance in respect of a child with special needs, notwithstanding the general restrictions upon making periodical payments for the benefit of a child who falls within the jurisdiction of the Child Maintenance Service. The court can make these orders regardless of whether an application for a maintenance calculation has been made.

Nesting arrangements

If separated parents feel that it will be of benefit to their child to provide some consistency, consideration may be given to a nesting arrangement. This involves separated parents taking it in turns to look after their children in the family home while the other parent temporarily lives elsewhere. This means that the child can stay in one home while parents rotate in and out of that home.

For a disabled child, this can be a helpful arrangement as it avoids moving equipment that the child may need and ensures the child remains in a familiar adapted space.

However, what may suit the child’s welfare may not be financially sustainable for the parents long-term and nesting may be a temporary measure rather than a permanent solution.

Planning for transition

Many parents of disabled children will find that support that was available through children’s services may fall away and for separated parents in divorce proceedings this presents an added dimension: financial settlements and child maintenance orders often assume that support for children ends at adulthood, but for many young disabled people their needs remain lifelong.

The Care Act 2014 provides when the local authority has carried out an assessment, information should be provided about whether the young person or child’s acer is likely to have eligible needs for care and support when they turn 18.

The Care Act 2014 sets out when the local authority has a responsibility to meet someone’s care and support needs. The act gives local authorities a legal responsibility to provide a care and support plan (or a support plan in the case of a carer). The personal budget must be included in the plan, and this adds to a person right to ask for a direct payment to meet some or all their needs.

The Children and Families Act creates a birth to 25 years Education, Health and Care Plan for children and young people with special educational needs and offers families personal budgets so that they have control over the type of support they receive.

Practical tips for separating parents of disabled children

On separation it is important to consider the following questions:

  • Should child maintenance or financial provision extend beyond 18 where a disabled young adult cannot support themselves
  • Can any settlement include provision for long-term care, sometimes structured through a trust
  • How should parents balance their own retirement planning against the knowledge that their child may always need financial and practical support

Read more articles by Sarah Whitelegge.

Read more articles by Myerson Solicitors.

About Sarah Whitelegge

Sarah Whitelegge is a Legal Director at Myerson Solicitors, Altrincham, Cheshire. She advises on a wide range of family matters including divorce, dissolution of civil partnerships, financial settlements, separation, co-habitation, pre and postnuptial agreements, disputes regarding children and domestic violence.

She is particularly experienced in matters concerning complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, specific issue orders, and special guardianship orders.

She has significant advocacy experience, having regularly appeared in the Family Courts representing clients in relation to private law children matters, financial order proceedings and domestic violence matters.

Sarah is a committed member of Resolution and has achieved specialist accreditation in private children law and domestic violence.

For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law

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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families
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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families

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Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

The end of a relationship is never easy, but for LGBTQ+ couples, navigating the legal and emotional aspects of separation can come with distinct challenges. For LGBTQ+ families knowing your rights is vital – particularly if your family has been formed through surrogacy, adoption or other routes that can carry additional legal considerations.

In this article, we explore how separation works for same-sex and LGBTQ+ couples, how financial matters are resolved, and what options are available when children are involved.

Ending the relationship: divorce and civil partnership dissolution

LGBTQ+ couples have had the legal right to marry since 2013 in England and Wales, and civil partnerships continue to be recognised. Both marriage and civil partnerships can be formally ended through the family court – divorce or dissolution, respectively – and the process is now based on a no-fault system. This means that neither party needs to prove wrongdoing for the legal process to begin.

Whether it is a divorce or a dissolution the procedure is the same: an initial application, followed by a conditional order, and finally, a final order to formally end the marriage or civil partnership.

But while the legal framework is the same for all couples, LGBTQ+ individuals may face different questions when it comes to resolving finances and parenting arrangements, particularly when their relationship pre-dated legal recognition.

Financial matters: reaching a fair outcome

Financial settlements can be one of the most emotive and difficult topics to brooch following separation. Like opposite-sex couples, same-sex spouses and civil partners are entitled to a full range of financial remedies. These can include:

  • Lump sum payments
  • Spousal maintenance
  • Property transfers or sales
  • Pension orders
  • A clean break, ending future financial ties

The court will assess the financial resources, needs and contributions of each party amongst other factors, and aims to reach an outcome that is fair and meets the needs of the parties and any children involved.

However, there can be added complexity when considering assets that were acquired before marriage – especially for couples who lived together for many years. Determining whether these assets are “marital” or “non-marital” can become a key issue, particularly where significant property, pensions or savings are involved. Cohabitation alone does not automatically give rise to legal rights, though it is typically taken into account that any period of seamless cohabitation prior to the date of the marriage or civil partnership when determining the length of the marriage. Accordingly, timelines and clear evidence of cohabitation is often required. It should be noted of course that many LGBTQ+ couples were unable to enter into marriage or civil partnership previously owing to the lack of provision within the law for them. Accordingly, these arguments can be important as evidence of the enduring relationship between the parties. 

Children: supporting parenthood in all its forms

For LGBTQ+ families, parenting often involves a range of routes – from adoption and surrogacy to donor conception. These arrangements can create additional legal considerations during a separation.

The starting point is to establish parental responsibility: the legal authority to make decisions about a child’s health, education, and welfare. Biological and adoptive parents usually have parental responsibility automatically, but others (such as non-birth parents in a surrogacy arrangement) may need to apply for parental orders, declarations of parentage or child arrangements orders. 

If both parents are legally recognised, they may choose to agree parenting arrangements voluntarily. Options include:

  • Mediation: This process can help couples reach agreement on how children will be cared for, where they will live, and how contact will work. Mediation is not legally binding but can lead to a more amicable, cost-effective solution.
  • Collaborative law: This process enables separating couples to work together with trained professionals to resolve disputes without going to court. Everyone agrees to work together as a team to resolve disputes without going to court. 
  • Negotiation: working with solicitors, with the benefit of independent legal advice, to work out what would be best for their family, avoiding costly and potentially acrimonious court proceedings.

If agreement cannot be reached, the family court can make a Child Arrangement Order which is legally binding and sets out the child’s living and contact arrangements. The court’s priority is always the child’s welfare.

Planning ahead for a smoother separation

While the legal system provides equality on paper, LGBTQ+ families may still encounter unique issues when relationships end. The reality is that the law in this area is continues to evolve but has not caught up to the social realities of life as an LGBTQ+ person and the unique family dynamics which are increasingly commonplace. The key to navigating these challenges is early advice and a tailored, bespoke approach that reflects the structure of your family, the history of your relationship, and the complexities involved.

If you are an LGBTQ+ individual facing the challenges associated with separation and need assistance, the team at Myerson Solicitors are here to support you with clarity, empathy and practical expertise.

Read more articles by Myerson Solicitors.

About Joe Ferguson

Joe Ferguson is a solicitor in the Family Law team at Myerson Solicitors. He specialises in divorce, financial remedy proceedings, and complex children matters, with particular expertise in supporting LGBTQ+ clients through family law issues with sensitivity and pragmatism.

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Navigating Family Law: What Parents Need to Know When Autism is a Factor
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Navigating Family Law: What Parents Need to Know When Autism is a Factor

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Sarah Whitelegge
Sarah Whitelegge
Senior Associate
Myerson Solicitors

Separation and child arrangements can be highly emotional and stressful, with no one-size-fits-all solution. For families affected by autism, these challenges can be even more complex. It is crucial to ensure that the legal process prioritises the well-being of both children and parents, and understanding how to navigate family law in an autism-friendly way can make all the difference.

Making Legal Processes Autism-Friendly

Every family’s experience of separation is unique, but for families with an autistic child or parent, additional considerations must be taken into account. Autism can affect communication, emotional regulation, and responses to change; factors that are central to family law proceedings involving children. Family law professionals are increasingly recognising the need to adapt their approach to neurodivergence.

It is estimated that 15% of the population is neurodivergent. To help practitioners consider best practices and accommodate neurodivergence, the Family Justice Council has published guidance for family lawyers on neurodiversity. This guidance highlights that failing to accommodate neurodivergence within the Family Justice System can prevent parties and children from fully participating in proceedings and dispute resolution.

Practical Adjustments for Parents Navigating Family Law

If you are a parent navigating family law with autism in mind, here are some key adjustments that may help:

  • Agreeing on the most suitable method of contact and communication: Determine whether emails, phone calls, or face-to-face meetings work best for your needs.
  • Receiving both physical and digital copies of documents
  • Taking sensory factors into account in office and meeting spaces
  • Sharing your preference for whether meetings should be held remotely or in person
  • Requesting visual aids (e.g. charts, diagrams) to enhance understanding of legal proceedings

Autism and Navigating the Family Court

If court proceedings become necessary, it is important to ensure that the court is informed of any neurodivergence within your family, so that appropriate adjustments can be made and support provided.

Part 3A and the accompanying Practice Direction 3AA were introduced into the Family Procedure Rules in November 2017. The rules establish a framework for proceedings involving vulnerable individuals and require the court, legal representatives, and all parties to identify any vulnerable persons as early as possible.

If a party is neurodivergent, this should be disclosed promptly to ensure the necessary adjustments are made. The court must then assess whether one or more participation directions are required to support the party involved in the proceedings or providing evidence.

The court may also appoint an intermediary. An intermediary is a neutral third party tasked with assessing the needs of a vulnerable individual and providing support.

The intermediary helps facilitate communication by relaying questions to the individual in a way they can understand, and by assisting the person asking the questions to ensure clarity.

Additionally, the intermediary can suggest ways to support the party and make recommendations to the court, such as allowing breaks during evidence presentation and ensuring questions are asked in short, clear segments.

When Autistic Children are Involved

In cases involving children with autism, it is crucial to ensure that any appointed expert has specific experience in working with autistic children. Besides, consideration should be given to whether the child requires support from an intermediary during interviews or if the case would benefit from the child having their own legal representation.

Alternatives to Court

Family lawyers committed to constructive resolution often recommend alternative methods such as mediation and collaborative law. These approaches promote communication, encourage cooperation between parties and mutual problem-solving, potentially reducing the stress and anxiety of court proceedings.

Arbitration and private hearings can take place in more suitable venues, creating surroundings conducive to settlement discussions. With a judge able to dedicate the entire day to the case, parties may find the process less overwhelming and more accommodating.

There are several steps family law professionals can take to help neurodiverse clients manage the challenges of family law proceedings. For families, it’s important to understand what can be done to support them. By providing tailored support and understanding, legal practitioners play a crucial role in ensuring families affected by autism receive the guidance they need and feel empowered throughout their legal journey.

Read more articles by Myerson Solicitors.

About Sarah Whitelegge

Sarah Whitelegge is a Senior Associate at Myerson Solicitors, a Top 200 UK law firm based in Altrincham, Greater Manchester. She specialises in family law, advising on divorce, financial settlements, cohabitation, nuptial agreements, child disputes, and domestic violence. With expertise in complex children matters, she has extensive advocacy experience in the Family Courts. A Resolution-accredited specialist in private children law and domestic violence, Sarah has practised family law since 2007. She holds a history degree from Leeds University and completed her legal training at Manchester Metropolitan University.

For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law

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How are businesses dealt with during divorce.
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How are Businesses Dealt with During Divorce?

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Jane Tenquist
Jane Tenquist
Partner and Head of the Family Law Team
Myerson Solicitors

In the context of marriage, a business’s worth and its revenue are regarded as a potential asset.

However, this does not imply that the court will mandate the sale of the business. The court acknowledges that the business generates income and losing it could have disastrous consequences.

During family court proceedings, a forensic accountant, appointed jointly by the solicitors representing each spouse, usually assesses the business’s value.

The accountant provides guidance on various matters, including the business’s after-tax value, whether there is any cash available that can be extracted, and the associated tax implications.

Additionally, the accountant determines what the business earner can reasonably earn from the business now and in the future.

Typically, the court evaluates the value of a shareholding in the business based on its actual market value. It seeks a valuation that a willing buyer would pay to a willing seller for that particular shareholding.

When to value a business?

The valuation of businesses arises when either or both spouses hold an interest in the business.

Such businesses can be valuable as a source of income, but they may also be valuable capital assets in their own regard.

How to value a business on Divorce? 

Forensic accountants use many methods:

The Capitalised Future Maintainable Earnings Method 

The capitalised future maintainable earnings approach is employed when assessing majority shareholdings.

The approach aims to determine the amount of earnings, in the form of turnover and EBITDA (earnings before interest, tax, depreciation, and amortisation), that a company can sustain over the foreseeable future.

The resulting figure is then multiplied by a factor, known as the price/earnings ratio, which represents the number of future years’ earnings a potential purchaser might consider acquiring.

To establish the price/earnings ratio, earnings from similar businesses with a known market value are compared with an investor’s required return, and a multiple of the representative earnings is applied.

Adjustments are made afterward to account for any unusual transactions in a fluctuating market.

Net Assets Method 

Net assets approach determines a company’s worth by considering the realisable values of its net assets minus its liabilities.

Modifications are made to account for goodwill and potential unrecorded liabilities, such as deferred tax on property sales or break fees on loan facilities.

This technique is typically utilised when evaluating firms that possess property portfolios.

Dividend Yield Method

Valuation of minority shareholdings commonly involves the dividend yield method, but it is seldom used for private companies.

The approach is founded on the amount of profit the company generates for its proprietors.

How is a business split in a divorce?

The court has considerable flexibility in handling a business during a divorce and can issue any of the following directives:

  • Transfer of shares
  • Repurchase of shares by the company
  • Payment of a lump sum to the non-business-owning spouse from the business’s available funds
  • Allocation of other liquid funds from the marriage to the non-business-owning spouse
  • Sale of the business
  • A decree for spousal periodic payments

Is any discount to the value of a business made on Divorce?

The worth of a business can fluctuate significantly, depending on market fluctuations and economic conditions.

The family court acknowledges that the value of a business cannot be easily quantified like more secure assets, such as the net proceeds from the sale of a house.

However, the court may not necessarily apply a discount as the risk factor of the business would have already been factored in during the valuation conducted by the single joint expert forensic accountant.

In some cases, a discount may be applied to the businesses valuation if one spouse receives a greater cash share. Generally, the court strives to balance the riskier assets against the more secure assets to ensure that each spouse bears a proportionate risk.

About Jane Tenquist

Jane Tenquist is a Partner and Head of the Family Law Team at Myerson Solicitors.  She set up the Family department at Myerson in September 2012.

Jane’s work focus is in matrimonial finance, particularly involving complex issues relating to trusts and offshore assets.  Jane has enjoyed success in tracing hidden assets and obtaining freezing orders to prevent assets being diverted during matrimonial proceedings.

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missed financial settlement on divorce
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Have you missed out on a financial settlement on divorce?

Published on
Jane Tenquist
Partner and Head of the Family Law Team
Myerson Solicitors

Many people do not pursue their financial claims following a marriage breakdown because they feel ashamed or guilty about their behaviour.

Others do not resolve financial matters due to the volatility in temper of the party who has been left behind. They believe that, in time, the spouse who they have left behind will “forgive” them and that it may be easier to resolve matters financially further down the line.

Unfortunately, this can often turn out to be a false assumption. Continuing to pay household bills and maintenance can lead to a precedent being fixed that this level of financial support will continue into the long term.

It can be quite common that one party may feel a huge sense of guilt if they have left their spouse or civil partner.

The marriage may have broken down due to:

  • One party announcing they are homosexual.
  • One party wishing to undergo gender reassignment surgery.
  • One party committing adultery.
  • One party having relationships with prostitutes and watching pornographic material.
  • One party leaving the other due to the other party’s inability to have children.
  • One party leaving the other due to the other party’s sickness.
  • Addiction issues.

People often assume that there will be a financial impact if one party has had an affair or left the marriage but, this will rarely make any difference to the overall division of assets.

The family court is not concerned about why the marriage ended. The court’s aim is to distribute the available assets fairly between the parties.

The starting point for the court is the checklist set out in Section 25 of the Matrimonial Causes Act 1975, otherwise known as the section 25 factors which are:

  • The income, earning capacity, property, and other financial resources which each party has or is likely to have in the future.
  • The financial needs and responsibilities that each of the parties to the marriage has or is likely to have in the future.
  • The standard of living enjoyed by the family before separation
  • Any physical or mental disability of the parties.
  • The age of the parties and the length of the marriage.
  • The contributions made by each party to the welfare of the family (which means the contributions made towards looking after the home and the children are regarded as equal to the contributions made by the “breadwinner” of the family).
  • The conduct of each of the parties, if inequitable to disregard.
  • The value to each party to the marriage of any benefit which by reason of the divorce a party will lose the chance of acquiring.

It can be tempting for parties to want to list the details of each other’s bad behaviour, but it is rarely the case that conduct will be relevant in financial order proceedings. Although conduct is one of the section 25 factors, it will only be considered in very exceptional circumstances.

In the case of OG v AG, Mr Justice Mostyn said ‘times have changed, the financial remedy court is no longer a court of morals. Conduct should be taken into account not only where it is inequitable to disregard but only where its impact is financially measurable. It is unprincipled for the court to stick a finger in the air and arbitrarily to fine a party for what it regards as immoral conduct.’

If you have divorced but not sorted out the financial arrangements, then it is still possible to make a claim, provided that you have not remarried. Remarriage prevents a party from making a claim for spousal maintenance, a lump sum or property adjustment order.

There is no time limit for making a claim. If you are concerned that you have walked away from your marriage or civil partnership without a fair financial settlement, then please get in touch with a member of the family team.

About Jane Tenquist

Jane Tenquist is a Partner and Head of the Family Law Team at Myerson Solicitors.  She set up the Family department at Myerson in September 2012.

Jane’s work focus is in matrimonial finance, particularly involving complex issues relating to trusts and offshore assets.  Jane has enjoyed success in tracing hidden assets and obtaining freezing orders to prevent assets being diverted during matrimonial proceedings.

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